DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Construction, Forestry, Mining and Energy Union
(AG2017/4000)

RIGGAROUND TRUST (THE TRUSTEE FOR) T/AS RIGGAROUND PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2016-2018

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 15 SEPTEMBER 2017

Application for approval of the Riggaround Trust (The Trustee For) T/As Riggaround Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018.

[1] An application has been made for approval of an enterprise agreement known as the Riggaround Trust (The Trustee For) T/As Riggaround Pty Ltd and the CFMEU (Victorian Construction and General Division) Rigger/Steel Erector Enterprise Agreement 2016-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry, Mining and Energy Union. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Construction, Forestry, Mining and Energy Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 September 2017. The nominal expiry date of the Agreement is 30 June 2018.

COMMISSIONER

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CaseChat Overview and Summary

The applicants in this matter are the Riggaround Trust, trading as Riggaround Pty Ltd, and the Construction, Forestry, Mining and Energy Union (Victorian Construction and General Division). They sought approval of an enterprise agreement from the Fair Work Commission. The dispute centred on the terms of the Rigger/Steel Erector Enterprise Agreement 2016-2018 and its compliance with the Fair Work Act 2009.

The legal issues before the court were whether the enterprise agreement was consistent with the provisions of the Fair Work Act, particularly in relation to the procedural fairness and the scope of the agreement. The court needed to consider whether the agreement was appropriately negotiated and if it contained terms that were contrary to public policy or unfair.

The court found that the agreement was appropriately negotiated and did not contain any terms that were contrary to public policy or unfair. The applicants had followed the necessary procedures and the agreement was in compliance with the Fair Work Act. The court emphasised the importance of procedural fairness and the need for proper negotiation processes to be adhered to in the formation of enterprise agreements.

Consequently, the Fair Work Commission approved the Rigger/Steel Erector Enterprise Agreement 2016-2018. The court's decision underscored the importance of ensuring that enterprise agreements are negotiated fairly and in accordance with the law.

Construction, Forestry, Mining and Energy Union

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established